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Things to Do in Montreal: June 6-12
The sun shines down on Montreal this week as engines rev for the Grand Prix, cyclists hop on their bikes to see the city sights, a beer festival adds fermented flavour, a yoga festival chills us out, and live music, theatre, dance, circus, professional mural making and more keep us highly entertained…
(fast times) Formula 1 Grand Prix weekend is upon us, June 6-8, with races at Circuit Gilles-Villeneuve on Île Notre-Dame and all kinds of racing-related events and parties downtown. Crescent Street teems with activity all weekend, with luxury car displays, driver autograph sessions, live music and late-night parties at the Crescent Street Grand Prix Festival, while Peel Street closes to traffic for hours of entertainment, and restaurants and shops throughout downtown offer specials for Grand Prix fans of food and drink, from gourmet dishes to pub grub.
(beer fresh air) Mondial de la Bière (also known as the Montreal Beer Festival), returns June 11-15 at the Palais des congrès, with delicious new craft beers from around the province – try them out along with food created for the occasion by local acclaimed chefs, including at a stylish cocktail event on June 12 at l'InterContinental. The balmy weather calls for plenty of outdoor dining and imbibing – check out this Best Terraces list that features over 150 restaurants and bars with patios perfect for soaking up the first rays of summer. And on June 7, check out the terrace of the SAT Foodlab, hosting a rooftop party featuring artists from German minimal label Klangsheiben all evening.
(active early-summer) See the city's major attractions and off-the-beaten-path sights by bicycle this week – check out our Bike Guide for the scoop on bike paths, bicycle rentals, the city's BIXI system and more. Climb high with the whole family at the first urban acrobatic park in North America – Parc Exalto welcomes climbers of all levels to its three-storey structure and also boasts a soccer zone, mini-golf, an acro-bungee trampoline and more – plus on June 6, eat well courtesy of the city's gourmet food trucks during First Fridays. Slow down and relax at the third-annual Montreal Yoga Festival, June 6-8, featuring a variety of asana classes, workshops, meditation, music and more at the CMADQ. Piano players can take advantage of the lovely weather and make music outside on one of many public pianos in the city, making their return this week. And keep your mind active at the Montreal Mini Maker Faire June 7 and 8 at Centre Greene – an interactive show-and-tell exhibition of all kinds of digital inventions, from robots to 3D printers, musical instruments to functional sculpture.
(life on stage) Dance, theatre and eclectic new performance work abound at the 8th edition of Festival TransAmériques, on at several venues until June 7 – see Nicolas Cantin's Klumzy, Ame Henderson's Room With Sticks, Rabih Mroué's The Pixelated Revolution, and more. The ever-exciting and massive St-Ambroise Fringe Festival begins this weekend and runs until June 22, host to hundreds of theatre shows, music events and gatherings in the Plateau neighbourhood – this week see My Playwright Sister, the new play by Johanna Nutter, creator of award-winning My Pregnant Brother, as well as the wild and hilarious burlesque of Cherry Typhoon and Her Burlesque Ninja, and the fourth instalment of the multi-choreographer dance show, So You Think That Was Dance? Take a fun-filled trip to the circus at two brand new, high-flying shows by National Circus School graduates: L'Abri (Shelter) and La matrice de Morphée (Morpheus' Matrix), to June 8 at Tohu, while Cirque du Soleil's spectacular Kurios – Cabinet of Curiosities, continues it's run under the big top in the Old Port.
(art outdoors) Starting June 12, the St-Laurent Street Fair closes a stretch of main artery Saint-Laurent, from Sherbrooke to Mont-Royal Avenue, all weekend long. Shop, eat, drink and see artists begin work on over 20 pieces of public art at the Mural Festival, opening June 12 with a Block Party presented by music festival MEG, 5-10pm, a Pop-up Shop with music, bar and interactive activities at Parc du Portugal, an opening party at the SAT later that night, and a paint jam fusing music and live body painting at Le Belmont. Also outdoors on Thursday evening, the Darling Foundry, a factory-turned-gallery on the border between Old Montreal and Griffintown, hosts its first Art in the Garden event of the season, with performances by artists Soufia Bensaid, Philippe Lauzier and Marc-André Casavant, accompanied by DJ Gayance. And art fills Montreal's Gay Village during Aires Libres, which closes Saint-Catherine Street in the Village for an open-air art gallery June 11-15 – and don't miss the street sale bounty June 5-8.
(live music) On Friday night, The Kills ignite the spirit of real rock 'n' roll at L'Olympia, while South African electro-dance, shock-and-hip-hop group Die Antwoord send fans into a frenzy at Metropolis. On a different note, international classical music competition Concours musical international de Montréal closes with a gala concert at Place des Arts, with the Montreal Symphony Orchestra and conductor Giancarlo Guerrero. Also Friday night, Iranian musician and poet Shahin Najafi plays his unique style of classical guitar fused with rock, at Place des Arts. Underground rock and jazz festival Suoni per il Popolo begins its awesome program on Friday night with the solo piano stylings of Moonface and the improv jams of Steve Bates Seijiro Murayama along with Sam Shalabi Stefan Christoff, plus Magik Markers. And dance your socks off at the Montreal Faux Prom 2014 at Mainline Theatre. All musical things feminist, queer and fun appear at the very first Slut Island Festival, at multiple venues in Mile End, June 5-8 and June 12-13. On Saturday night, Brooklyn indie-folk band Streets of Laredo bring the good times to Il Motore with Mother and Ohara. Sunday night sees famed French indie-rock band Phoenix swoop in to Metropolis and Bollywood music star Sonu Nigam plays his hits at PDA, while the afternoon belongs to Piknic Electronik, celebrating Grand Prix at Parc Jean-Drapeau with German DJ-producer Mathias Zimmerman, artists from the Hushlamb label, and more. On Monday, Montreal Symphony Orchestra conductor Kent Nagano includes the symphony hall's new Pierre-Béique organ in a concert of works by Saint-Saëns, Poulenc and Finish composer Kaija Saariaho. On Wednesday, June 11, the McCord Museum celebrates its new Music exhibition with live performances in the outdoor Urban Forest at 5:30pm, and later The Notwist make a beautiful noise at the SAT. And Thursday, June 12 marks the start of Les FrancoFolies French music festival, featuring over 70 indoor concerts and 150 free outdoor shows in the Quartier des Spectacles in downtown Montreal.
Photo credits: Olivier Bourget / Mondial de la bière
Come to Montreal and book a Sweet Deal Hotel Package with up to $450 in savings on great activities and attractions!
Article source: http://feedproxy.google.com/~r/TourismeMontreal/~3/lv499jnOniQ/


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Eight Policies to Boost the Economic Contribution of Employment-Based Immigration
Immigration can be a powerful tool for supporting a country's economic growth and prosperity, but its success in accomplishing that objective depends on well-designed and carefully implemented immigration policies that strategically facilitate immigration's economic contribution. Governments wishing to create a more thoughtful and strategic approach to employment-based immigration have a range of policy levers at their disposal.
Drawing on experiences from Asia, Europe, North America, and the Pacific region, this report presents eight strategies that represent best practices developed by immigrant-receiving countries: creating temporary-to-permanent visa pathways; streamlining immigration for highly skilled workers; retaining top foreign students; reconsidering the role of visa fees; rewarding employers who play by the rules; building adaptable and flexible institutions; taking a strategic approach to immigrant integration; and seeking regional and local engagement in the admissions process.
As countries revisit and adjust their immigration systems, the most important lesson to consider is that successful economic-stream immigration systems are transparent and flexible, create predictable outcomes, and remain open to constant adaptation and experimentation.
I. Temporary-to-Permanent Visa Pathways
II. Streamlined Immigration for the Most Skilled Workers
III. Retaining Top Foreign Students
IV. Reconsidering the Role of Visa Fees
V. Rewarding Employers Who Play by the Rules
VI. Building Institutions with Adaptation and Flexibility at their Core
VII. A Strategic Approach to Immigrant Integration
VIII. Regional and Local Engagement in the Admissions Process
IX. Conclusion

subset: commoncrawl


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Jason Aldean Will 'Take a Little Ride' This Summer With Release of New Single
After months and months of anticipation, new Jason Aldean music is finally on its way. While on the red carpet at the 2012 CMT Music Awards, Aldean told Taste of Country and a handful of other reporters that his first new single from the next record will be at radio as soon as a month from now.
"[The first single] is a song called 'Take a Little Ride,'" revealed Aldean. "I think it should be coming out in the next three or four weeks, something like that … right in time for summer. Then the album's coming out in the fall. I've been in the studio working on it and kind of putting the finishing touches on it. So it is officially done. We're ready for people to hear it. I'm excited."
In the meantime, Aldean is staying busy on the current leg of his My Kinda Party Tour that has been selling out at nearly every stop along the way. The red hot reception from his fans gives Aldean a sense of satisfaction and accomplishment of just how far he's come in the past few years.
"I enjoy getting out and playing music for people who love what you do and who are passionate about it," says Aldean. "That's what it all boils down to. That's why we all have a job."
Aldean has a small break in the action, but his My Kinda Party Tour is set to pick back up next month with stops in Canada, Connecticut, Wisconsin, Maryland and Delaware. Click here to see a full list of tour dates.


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An enlightening analysis of the research literature by Woodman and Hardy found that cognitive anxiety and self-confidence are significantly related to performance. Interestingly, cognitive anxiety appears to affect performance among men more than women and interferes with performance much more for high standard tasks than for tasks with low standards. It is not difficult to see how, given these findings, perfectionism can be so deadly to trading results. By raising the psychological bar to success, we create performance pressures for ourselves that ironically inhibit performance.
Their research, however, found that self-confidence bears a stronger relationship to performance than anxiety. Once again, this effect was stronger for men and for high standard performance tasks. It thus appears that one need not have a huge level of self-confidence to achieve a task with a low standard of success, but when the challenge is raised, self-confidence becomes important to performance.
Importantly, these were measures of *state* anxiety and self-confidence, not trait measures. In other words, one could have modest levels of anxiety and generous levels of self-confidence in daily life, but if one's current state is anxious and self-doubting, performance will be at risk.
Why might these findings be more significant for men than women? Perhaps it is because men are more likely to judge themselves and attach their self-worth to their performances. If that is true, strategies to put performances into perspective--to divorce the ego from short-term results--should be helpful even when anxiety and self-doubt are present.
One interesting study asked students to toss nerf balls into a garbage can. Half the students received negative feedback prior to the task; the other half received positive feedback. The negative feedback group performed significantly worse than the positive feedback group. Think about how markets always give us feedback about our positions and how this might affect our state levels of self-confidence, anxiety--and ultimately performance.
Research suggests that self-confidence is crucial to performance even among elite athletes. Those athletes do experience symptoms of anxiety, but the self-confident ones are more likely to label these in a positive way and use them in a manner that aids performance ("I'm getting pumped up") than the non self-confident ones. It thus appears that it's not so much anxiety that matters than how we interpret the signals of the body and mind. Self-confidence channels stress into performance.
Building Self Efficacy


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Defining Professionalism: I Know It When I See It?
N early two decades ago, the American Bar Association concluded that "lawyers' professionalism may well be in steep decline."1 Subsequent surveys by The Florida Bar demonstrated a historic collapse of public trust in the legal profession. In response, leaders of the American Bar Association, the Florida Supreme Court, and The Florida Bar took action. Today, the Florida Supreme Court's Commission on Professionalism, The Florida Bar's Center for Professionalism, and The Florida Bar's Standing Committee on Professionalism are charged with the responsibility of "encouraging adherence" by Florida lawyers to aspirational standards of professionalism.2 These three entities were established by orders of the Florida Supreme Court and the Rules Regulating The Florida Bar.3 Yet, despite this institutional commitment, the professionalism concept is undefined.
Lon Fuller wrote that to be moral, law must be promulgated.4 Similarly, Sir Thomas Aquinas wrote that even though generally understood notions of morality may dictate appropriate conduct, promulgation is necessary for law to obtain its force.5 But ask the average Florida Bar member to apply these concepts to the professionalism movement, and you are likely to be answered with a moment of thoughtful silence. Their silence is understandable, because in its present form, the concept of professionalism follows the thinking of neither Fuller nor Aquinas. Instead, professionalism is defined by the lack of a definition, following Justice Potter Stewart's "I know it when I see it" approach to defining pornography.6
The Rules Regulating The Florida Bar, however, bestow authority upon the Center for Professionalism to implement this undefined concept. Specifically, Rule 19-1.1 states:
This rule is adopted in recognition of the importance of professionalism as the ultimate hallmark of the practice of law. The purpose of this rule is to create a center to identify and enunciate non-mandatory standards of professional conduct and encourage adherence thereto. These standards should involve aspirations higher than those required by the Rules of Professional Conduct.
This rule tells us only that professionalism is important, associated with conduct, and aspirational. Other rules governing the authority, funding, and operation of the Center for Professionalism are similarly unhelpful in defining the term.7 Fla. Bar Rules 19-1.2 to 19-1.5.
Apparently aware of the lack of a formal definition, the Center for Professionalism refers interested persons to materials defining professionalism on The Florida Bar Web site. For example, the Web site quotes Harold G. Clark, chief justice of the Supreme Court of Georgia, who said "professionalism differs from ethics in the sense that ethics is a minimum standard. . . while professionalism is a higher standard expected of all lawyers."8 Georgia's Code of Professional Responsibility is also quoted: "No code or set of rules can be framed which will particularize all duties of the lawyer. . . [T]he enumeration of particular duties should not be construed as a denial of the existence of others equally imperative, though not specifically mentioned."9 These definitions are defined by their lack of definition. So, the question remains: What is professionalism?
Mandating Procedural Professionalism
Some scholars suggest that the lack of definition for the concept of professionalism is reasonable because the concept is too broad.10 Similarly, the Florida Supreme Court has wrestled with the meaning and application of the word,11 labeling it as "vague" in some contexts,12 and the American Bar Association and The Florida Bar began grappling with the professionalism concept 15 years ago.13 Today, given our leading role in what is now called the professionalism movement, Florida's lack of a definition can be excused no longer—especially because the aspirational goal of professionalism is looking more and more like a mandate.
Recently, the Bar's rules were amended to require new members to complete basic skills course requirements, as well as the "Practicing With Professionalism" program. Fla. Bar Rule 6-12.3(a)(1). In addition, all members are required to obtain five credits in ethics, professionalism, substance abuse, or mental illness awareness training as part of their CLE requirements. Fla. Bar Rule 6-10.3(b). These rules achieve what can be called procedural professionalism—lawyers are not actually mandated to be professional; rather, they must report that they have attended some form of professionalism training.14 If The Florida Bar's goal is to achieve substantive professionalism, rules requiring procedural professionalism are insufficient.
Supporters of these CLE rules rightly note that even procedural rules can be meaningful. After all, The Florida Bar is empowered to enforce the rules, and can assume that the CLE programs will teach people something about professionalism. The argument disguises the essential point: If the professionalism concept is important enough to justify enforceable rules and mandatory training for all members of The Florida Bar, then the concept is also important enough to warrant a concrete definition, as even the Fourth DCA has suggested:
Much is written about "professionalism" today. It is on the agenda at every lawyer and judicial symposium or continuing education conference, and our professional journals are filled with pleas for greater attention to punctilious conduct in all things. But today's case requires that we pass from exhortation to the resolution of a concrete issue. For the disciplinary rule of candor is the instrument of professionalism's demand.
Forum v. Boca Burger, Inc., 788 So. 2d 1055 (Fla. 4th DCA 2001) (awarding fees from defendant and defense counsel for trial and appellate court efforts to uphold a "patently erroneous decision") (emphasis in original).
Seeking Substantive Definition
The Florida Bar might begin an effort to substantively define professionalism by reviewing different sources within its own literature that partially address the topic: 1) the Rules of Professional Conduct; 2) the Ideals and Goals of Professionalism; 3) the Guidelines for Professional Conduct; 4) the CLE Guidelines; 5) the Oath of Admission; and 6) the Creed of Professionalism, available through the professionalism links on the Bar's Web page at floridabar.org.
• The Rules of Professional Conduct
Although the term "professional" is present in the title, the Rules of Professional Conduct (Ch. 4, Rules Regulating The Florida Bar) do not define professionalism. Instead, the rules pertaining to the lawyer as advocate cover nine topics: meritorious claims, expediting litigation, candor toward the tribunal, fairness to opposing parties, impartiality and decorum of the tribunal, trial publicity, the lawyer as witness, the special responsibilities of a prosecutor, and the role of the advocate in nonadjudicative proceedings. (Rules 4-3.1 to 4-3.9) Yet, these rules are generally considered our ethical guidelines. Thus, their very title—the Rules of Professional Conduct—is inconsistent with the definition of professionalism as something more than ethics. Indeed, to the extent that these ethical rules contain professionalism concepts, they blur the professed distinction between the two.
• The Ideals and Goals of Professionalism
On May 16, 1990, The Florida Bar Board of Governors adopted the Ideals and Goals of Professionalism, aspirational guidelines intended to "articulate our ideals of professionalism and to emulate such ideals by deed." For purposes of defining professionalism, this document's greatest contribution is the opening statement, which says that lawyer professionalism includes:
(1) a commitment to serve others;
(2) being dedicated to the proper use of one's knowledge to promote a fair and just result;
(3) endeavoring always to enhance one's knowledge and skills;
(4) ensuring that concern for the desired result does not subvert fairness, honesty, respect and courtesy for others with whom one comes into contact, be they fellow professionals, clients, opponents, public officials, including members of the judiciary, or the public;
(5) contributing one's skill, knowledge and influence as a lawyer to further the profession's commitment to serving others and to promoting the public good, including efforts to provide all persons, regardless of their means or the popularity of their causes, with access to the law and the judicial system;
(6) educating the public about the capabilities and limits of the profession, specifically what it can achieve and the appropriate methods of obtaining those results; and
(7) accepting responsibility for one's own professional conduct as well as others in the profession, including inculcating a desire to uphold professional standards and fostering peer regulation to ensure each member is competent and public-spirited.
• The Guidelines for Professional Conduct
Approved for publication in 1995, the Guidelines for Professional Conduct provide a list of 99 specific "professionalism" concepts. This document addresses topics such as scheduling, continuances, extension, service, court submissions, communications with adversaries, depositions, interrogatories, motions, witnesses, ex parte communications, settlement, and pretrial and trial conduct. While the guidelines obviously were intended to help define the concept of professionalism, in the end they miss the mark. Many of the guidelines are so specific and detailed that they could easily be inserted into our ethical Rules of Professional Conduct, once again demonstrating the blurred distinction between ethics and professionalism. Simply put, the excess of information in the guidelines undermines their purpose.
• CLE Requirements on Professionalism
Given the existing Bar rules, the need for a professionalism definition becomes most acute when organizations develop
continuing legal education programs to satisfy professionalism CLE requirements. Recognizing this reality, the Center for Professionalism created standards for professionalism content in CLE programs. Fla. Bar Rule 19-1.2(e). According to the Center for Professionalism, the kinds of issues that should be discussed at CLE events are:
• the independence of the lawyer in the context of the lawyer-client relationship;
• the conflict between duty to client and duty to the system of justice;
• the conflict in the duty to the client versus the duty to the other lawyer;
• the responsibility of the lawyer to employ effective client communications and client relations skills in order to increase service to the client and foster understanding of expectations of the representation, including accessibility of the lawyer and agreement as to fees;
• the lawyer's responsibilities as an officer of the court;
• misuse and abuse of discovery and litigation;
• the lawyer's responsibility to perceive and protect the image of the profession;
• the responsibility of the lawyer to the public generally and to public service; and
• the duty of the lawyer to be informed about all forms of dispute resolution and to counsel clients accordingly.15
These CLE guidelines are unquestionably helpful to individuals responsible for organizing CLE events. They provide examples of applied professionalism and demonstrate core concepts of professionalism. But, again, they still fall short of defining the term.
• The Oath of Admission
Upon being admitted to The Florida Bar, every member took an oath of admission, and swore to abide by certain principles of professionalism. The Oath of Admission states as follows:
I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God.
See Rules of the Supreme Court Relating to Admissions to the Bar, Rule 5-13 (Order March 20, 2003).16
The seven clauses of this oath reflect concepts such as upholding and adhering to the law, being truthful, serving clients, and being honorable. These principles are also found in the Rules of Professional Conduct, the Ideals and Goals of Professionalism, and the Guidelines for Professional Conduct. Notably, while professionalism concepts are implicated, the word "professionalism" is not in the oath.
• The Creed of Professionalism
Finally, and perhaps most significantly, The Florida Bar's professionalism handbook contains a Creed of Professionalism, which states:
I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each. I will further my profession's devotion to public service and to the public good. I will strictly adhere to the spirit as well as the letter of my profession's code of ethics, to the extent that the law permits and will at all times be guided by a fundamental sense of honor, integrity, and fair play. I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not improperly permit my silence or inaction to mislead anyone. I will conduct myself to assure the just, speedy and inexpensive determination of every action and resolution of every controversy. I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times act with dignity, decency, and courtesy. I will respect the time and commitments of others. I will be diligent and punctual in communicating with others and in fulfilling commitments. I will exercise independent judgment and will not be governed by a client's ill will or deceit. My word is my bond.
See Center for Professionalism, Creed of Professionalism.17
Like the Oath of Admission, the Creed of Professionalism echoes concepts already within the Rules of Professional Conduct, the Ideals and Goals of Professionalism, and the Guidelines for Professional Conduct. Clearly, the creed is intended to reflect core concepts of professionalism, and each of its 10 sentences announces ideals of professionalism. But two problems remain. First, this creed is barely known among the members of the Bar. Second, even if it were well-known, its length makes it difficult to consider it a shared value adhered to by all Bar members.
Encouraging Adherence to a Shared Concept
As noted at the outset of this article, the stated purpose of the Center for Professionalism is to "encourageadherence" to professionalism standards. Fla. Bar Rule 19-1.1. In some instances, professionalism is just an aspiration. In other cases—the procedural rules governing CLE, and the substantive rules governing ethics—it is a mandatory and enforceable obligation of Florida attorneys. But, despite the best efforts of the Rules of Professional Conduct, the Guidelines of Professionalism, the Center for Professionalism's CLE standards, the Oath of Admission, and the Creed of Professionalism, nowhere is the term professionalism truly defined.18
Nevertheless, the documents discussed in this article obviously embody core principles of professionalism. With this starting point, The Florida Bar can take another step toward defining professionalism. For example, one formal approach would be to adopt portions of one or all of these documents as part of The Florida Bar rules, perhaps even within the Rules of Professional Responsibility.19 An informal approach might be to increase attorney awareness of these documents by increasing their visibility within The Florida Bar. A compromise approach would be to adopt a formal definition, using short, simple terms (such as character, competency, and commitment) and then to increase the awareness of that definition through The Florida Bar's seminars and literature.
Although approving a commonly accepted definition of professionalism could become a topic of great debate in The Florida Bar, it can be done. Hippocrates defined professionalism for doctors through the oath he authored over 2000 years ago. Today, that message is often distilled into a clearly understood mandate: heal your patients, do no harm.20 It might not be coincidental that, despite the emergence of health maintenance organizations, recent Gallup polls continue to show that people trust their nurses, dentists, doctors, and pharmacists, while lawyers are among the least trusted professionals.21 Perhaps the average citizen simply does not understand a lawyers' role. Or perhaps we lawyers do not even understand ourselves.
This article does not intend to oppose the ideals of the professionalism movement.22 Polls that rank lawyers with used car salesmen23 clearly prove the need for The Florida Bar to take a long look in the mirror, to embrace the search for Atticus Finch,24 and to take affirmative steps toward restoring our profession's image.
In many ways, this introspective effort is well underway through the professionalism movement. Florida Bar applicants must review of the Rules of Professional Conduct and pass the Multistate Professional Responsibility Exam.25 Florida's courts have flatly declared professionalism important and beneficial to counsel, clients, and the courts.26 Disciplinary proceedings against Bar members routinely assign professionalism training as a sanction.27 In sum, The Florida Bar, as discussed at the beginning of this article, is institutionally committed to professionalism—and rightly so.
Nevertheless, jurisprudential thinkers might question our present failure to define professionalism. Constitutional scholars, invoking principles of due process, might even suggest that the term is void for vagueness. Moreover, if The Florida Bar continues to pursue new professionalism initiatives without defining the term, then those new initiatives remain subject to those same jurisprudential and constitutional critiques.
While we may know professionalism when we see it, we should shudder at the realization that pornography and professionalism share a common definition. Is professionalism truly something that is subject to a local standard?
In the opinion of this author, the core essence of professionalism can be expressed as follows: character, competence, commitment, and courtesy in client advocacy and community service. But ultimately, The Florida Bar should develop its own clear and concise statement of professionalism. After all, for The Florida Bar to encourage adherence to the principles of professionalism, its members must possess a shared understanding of the principles to which we all must adhere.
1 See American Bar Association Commission on Professionalism, In the Spirit of Public Service: A Blueprint for the Rekindling of Lawyer Professionalism 7 (1986).
2 In re Amendments to Rules Regulating The Florida Bar, 718 So. 2d 1179 (Fla. 1998).
3 The Supreme Court's Commission on Professionalism and The Florida Bar Center for Professionalism were created by an Administrative Order of the Chief Justice (July 1996). The commission is charged with the planning and implementation of policies governing professionalism, and those efforts are assisted by the center. Rule 19-1.5. Funding and staffing for the center's efforts is provided by The Florida Bar through the general fund. Rule 19-1.3. In addition, a Standing Committee on Professionalism was created by The Florida Bar Board of Governors, pursuant to Bylaw 2-8.3, to assist in the implementation of the professionalism polices and programs developed by the commission and the center. A report evaluating this structure endorsed it as "sound and efficient" and deemed a "model for professionalism programs nationwide." Report and Recommentations from the Special Committee to Study the Professionalism Delivery System, presented to Justice Cantero and the Supreme Court Commission on Professionalism (April 22, 2003), at p. 6.
4 Lon Fuller, The Morality of Law 49 (1964).
5 Aquinas, Summa Theologica, Prima Secundae, Question 90, Article 4.
6 Jacobellis v. State of Ohio, 378 U.S. 184, 197 (1964).
7 For example, the Center for Professionalism's responsibilities and authority shall be to "monitor," to "provide guidance," to "help implement," to "make recommendations" and to "assist" in imposing standards of professionalism. Fla. Bar Rule 19-1.2.
8 Quoted in Interview with John W. Spears, Editor, Decatur-Dekalb Bar Quarterly, May 24, 1990, as quoted at floridabar.org. See also Evanoff v. Evanoff, 418 S.E.2d 62, 63 (Ga. 1992) ("[E]thics is that which is required, and professionalism is that which is expected.").
9 Georgia Code of Professional Responsibility, Preamble Handbook 24-H, quoted at floridabar.org.
10 James A. George, The Rambo Problem: Is Mandatory CLE the Way Back to Atticus? 62 La. L. Rev. 467 (2002).
11 In 5-H Corp. v. Padovano, 708 So. 2d 244, 247 (Fla. 1997), the Florida Supreme Court encouraged reporting of questionable attorney behavior to The Florida Bar "to maintain and promote attorney professionalism, high standards of conduct, decorum in Florida courtrooms and pleadings, and the general integrity of the legal profession." The opinion's use of multiple phrases accompanying the reference to professionalism demonstrates the court's difficulty in applying the term.
12 In the context of criminal cases, the Supreme Court recognized the vagueness of the term "professionalism." For example, in Hernandez v. State, 575 So. 2d 640 (Fla. 1991), the Florida Supreme Court struck down a lower court's departure from drug-related criminal sentencing guidelines after finding that the crimes were committed in a professional manner, holding "we are not convinced that the term 'professionalism' can be narrowly defined in any way that would make it an acceptable reason for departure. . . . The word 'professionalism' thus is too vague to constitute a valid reason for departure." Id. at 642.
13 See, e.g., Professionalism: A Recommitment of the Bench, the Bar, and the Law Schools of Florida (1989); see also ABA Comm'n on Professionalism, supra note 1.
14 The procedural professionalism approach is very similar to The Florida Bar's approach to pro bono activities: lawyers are not mandated to actually perform pro bono work; instead, they are mandated to report on the work they did or did not do. Fla. Bar Rule 4-6.1(a) and (d); see also George, supra note 10.
15 See Obtaining Professionalism CLE Credits, The Professional at 7 (Fall 2002); see also, links to "Professionalism" and "CLE Guidelines" at floridabar.org.
16 See also floridabar.org. Note: search "Oath."
17 See floridabar.org. Note: Use links to professionalism handbook, or search "Creed."
18 Of course, countless other sources for a definition of professionalism exist. For example, Canadian legal sources provide valuable insights. The Legal Ethics and Professional Conduct Handbook, published by the Nova Scotia Barrister's Society, begins, in Rule 1, with the "Underlying Principle" of "Integrity." The document also sets forth, in Rule 18, the Duties to the Profession Generally, stating, "A lawyer has a duty to uphold the integrity of the profession and to promote the reputation of the profession for fairness, justice and honesty." The rule further provides a guiding principle that "[p]ublic confidence in the profession requires that lawyers respect and zealously guard those values and principles and modes of conduct and behaviour that promote the ideals set forth in this Handbook. Conduct by a lawyer which does not promote the ideals of fairness, justice and honesty will adversely affect the image and morale of the profession and the public perception of the legal system." See Nova Scotia Barrister's Society, The Legal Ethics and Professional Conduct Handbook, available at www.nsbs.ns.ca/handbook/contents.html.
19 For example, a common theme in all of the Florida materials related to professionalism is the lawyer's responsibilities towards clients, opponents, the court, the community, and the profession. Accordingly, a reasonable amendment to Rule 19-1.1 could read:
This rule is adopted in recognition of the importance of professionalism as Professionalism is the ultimate hallmark of the practice of law. The purpose of this rule is to create a center to encourage adherence to the principles of professionalism. To practice law with professionalism means to represent clients and serve the community in a dignified, courteous and competent manner; to demonstrate character as an honest, reasonable, and respectful advocate; and to be committed to upholding the honor and integrity of the law and our system of justice. identify and enunciate non-mandatory standards of professional conduct and encourage adherence thereto. These standards should Professionalism involves aspirations higher than those required by the Rules of Professional Conduct.
20 A classical—and admittedly lengthy—version of the Hippocratic oath is as follows: "I swear by Apollo Physician and Asclepius and Hygieia and Panaceia and all the gods and goddesses, making them my witnesses, that I will fulfill according to my ability and judgment this oath and this covenant: To hold him who has taught me this art as equal to my parents and to live my life in partnership with him, and if he is in need of money to give him a share of mine, and to regard his offspring as equal to my brothers in male lineage and to teach them this art—if they desire to learn it—without fee and covenant; to give a share of precepts and oral instruction and all the other learning to my sons and to the sons of him who has instructed me and to pupils who have signed the covenant and have taken an oath according to the medical law, but no one else. I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice. I will neither give a deadly drug to anybody who asked for it, nor will I make a suggestion to this effect. Similarly I will not give to a woman an abortive remedy. In purity and holiness I will guard my life and my art. I will not use the knife, not even on sufferers from stone, but will withdraw in favor of such men as are engaged in this work. Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons, be they free or slaves. What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself, holding such things shameful to be spoken about. If I fulfil this oath and do not violate it, may it be granted to me to enjoy life and art, being honored with fame among all men for all time to come; if I transgress it and swear falsely, may the opposite of all this be my lot." See, e.g., Ludwig Edelstein, The Hippocratic Oath: Text, Translation, and Interpretation (Johns Hopkins Press, 1943), excerpted by NOVA Online, "Hippocratic oath – classical version," available at www.pbs.org/wgbh/nova/doctors/oath_classical.html.
21 According to a December 2003 Gallup poll, nurses ranked number one in an annual survey on the honesty and ethics of various professions, followed by other medical professionals including doctors, veterinarians, pharmacists, and dentists. Lawyers rated among the least trusted professions. See http://washingtontimes.com/upi-breaking/20031201-100859-3777r.htm [visited by author December 29, 2003]; but see George D. Lundberg, Severed Trust: Why American Medicine Hasn't Been Fixed (2000).
22 For dissenting views on the professionalism movement, see Paul C. Zacharis, Reconciling Professionalism and Client Interests, 36 Wm. & Mary L. Rev. 1303 (1995); Rob Atkinson, A Dissenter's Commentary on the Professionalism Crusade, 74 Tex. L. Rev. 259 (1995); Amy R. Mashburn, Professionalism as a Class Ideology: Civility Codes and Bar Hierarchy, 28 Val. U. L. Rev. 657 (1994).
23 See supra note 21.
24 Mike Papantonio, In Search of Atticus Finch (1995).
25 See Fla. Bar Admiss. R. 3-14.1(f) and 4-33.3
26 McLean v. State, 854 So. 2d 796, 799 (Fla. 2d D.C.A. 2003) (benefits of professionalism to court and counsel); Fuston v. State, 838 So. 2d 1205, 1206 (Fla. 2d D.C.A. 2003) (benefits of professionalism to court); Florida State Bd. of Admin. v. Alliance Capital Management, L.P., 2003 WL 22719563 (Fla. Cir. Ct. Jan 21, 2003) (benefits of professionalism to streamlining discovery and conserving judicial resources).
27 See, e.g., The Florida Bar v. Bryant, 813 So. 2d 38, 43 (Fla. 2002); The Florida Bar v. Sayler, 721 So. 2d 1152 (Fla. 1998); The Florida Bar v. Rubin, 709 So. 2d 1361 (Fla. 1998).
Keith W. Rizzardi is a trial attorney for the U.S. Department of Justice. He is a past chair of the Government Lawyer Section and is a member of The Florida Bar's Standing Committee on Professionalism.


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On the last Food Makers episode of the year, I'll be chatting with author, farmer, and grassfed beef rancher Shannon Hayes about her new book Long Way on a Little, a decidedly pro-meat cookbook and overall guide to healthy, thrifty, and self-sufficient living. Tune in on Google+ at 2pm PST and 5pm EST right here.
In addition to lots of dollar-stretching recipes, there are also some great recipes for soap, lip balm, skin salve, and other home brew body care products. Lowly beef tallow is the master ingredient.
Shannon runs lives on a 160-acre farm in upstate New York with her family where she farms and writes books about clean living. I loved her previous book Radical Homemakers, a thoughtful study on how to become less of a consumer and reclaim the domestic arts. Long Way on a Little is written in the same, well-informed vein. In true DIY spirit, she's also created her own publishing company–Left to Write Press.
Join Make: Community Today


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The launch this week of Apple Pay is giving many people their first taste of NFC payment technology, which allows them to buy things in a store by bringing an iPhone 6 close to a compatible terminal.
But the NFC standard also allows payments to be made directly between smartphones. Apple and its competitors, such as Google Wallet, don't offer support for that part of the standard, but the technology already exists inside many of today's NFC-equipped phones and could one day allow retailers to accept NFC payment using smartphones. It would also be technically possible for individuals to exchange money with their friends through the same system.
The NFC standard defines three modes for the technology.
The first, and most simple, is for reading small snippets of information such as phone numbers or Web addresses from wireless tags. The second, used by Apple Pay and Google Wallet, involves the phone emulating an NFC payment card. The third allows the NFC chip to function as a card reader.
It's this third mode, if enabled by Apple or Google, that would allow a smartphone to accept payments.
Smartphone payment systems are already common in some countries. Perhaps the most famous and recognizable is the Square system, which uses a small magnetic stripe reader that plugs into a phone's headphone jack. In Europe, some companies offer card readers for more secure chip-based payment cards, but nothing exists yet for NFC.
"We've been working on it at Mastercard for a little while," said James Anderson, the company's senior vice president of emerging payments. "We're interested in turning every phone into a payment acceptance device."
But while many of the NFC chips used in smartphones support it, not every phone could necessarily be used to accept payments.
There are a number of requirements for NFC payments, such as the minimum and maximum distance over which the NFC transaction can take place and the speed with which it happens. Terminal manufacturers design for these requirements, but not all smartphones have necessarily been built with these in mind.
"There may be situations in which the two devices may technically be capable of exchanging data for payment, but may not be able to achieve the read ranges and/or response times required for them to be certified as contactless payment capable," said Sam Shrauger, senior vice president of digital solutions at Visa.
For now, the industry is watching closely to see consumer reaction to Apple Pay. If it takes off, competitors such as Google would probably step up their offerings and the NFC payments field would become a lot more competitive. That might bring new features such as phone-to-phone payments into play.
Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is email@example.com


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Why Apple's iPhone Might Be the Most Hacked Mobile Device Apple's immense popularity apparently has its drawbacks.
By Geoffry Ingersoll •
This story originally appeared on Business Insider
The same platforms which helped give Apple its rise have also contributed to its rising vulnerability.
This month, web security company SourceFire issued a report called "25 Years of Vulnerabilities" that charted the Critical Vulnerabilities and Exposures (CVE) of various software and mobile devices.
A CVE is "the international standard for vulnerability numbering or identification" security companies use to chart exploits.
In the report, the company previously known for its near-impenetrability looks like its debut platform, the iPhone, is also its most hackable.
Sourcefire detected 210 CVE's, compared to Android's 24.
But it could also just be the popularity.
From the report:
While one may argue that the increase in CVEs is due to the increased popularity of the phone over the years, Android, the current market leader for mobile phone operating systems, has actually received fewer CVEs in 2012 than it did in 2011, even though it had explosive growth in market share.
#insert RSS here#
ZDNet's Ellyne Phneah talked to Yves Younan, senior research engineer at SourceFire's Vulnerabilities Research Team and author of the report, who said that the combination of popularity and invulnerability of Apples iTunes with the sheer consumer share of iPhone mobile devices led hackers to focus on penetrating the device.
From ZDNet:
With Android devices, cybercriminals see less reason to look for vulnerabilities to penetrate smartphones, he added. Android's open platform already easily opens up for third party and malicious apps to be easily created for users to download, he explained.


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The Interface Builder helps you to construct graphical user interfaces (GUIs) for your applications. You design and test each window or dialog in your application, and the Interface Builder generates the necessary source code to create the windows you have designed.
You then need to add callbacks to the generated code to connect each window to your application routines.
As you create each window, it is automatically displayed and updated on-screen, so that you can see what you are designing without having to type in, evaluate, or compile large sections of source code.
As well as making code development significantly faster, the Interface Builder allows you to try out different GUI designs, making it easier to ensure that the final design best suits your users' needs.
Note: the Interface Builder is intended for testing interface designs and for generation of the initial versions of the source code that implements your design. It is not suitable for the complete development of complex interfaces. Eventually you should work on the source code directly using the Editor tool (see The Editor).
Note: the Interface Builder is available on Windows, Linux and FreeBSD platforms only.


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Friends-turned-business partners have until August 1st to submit their ideas to the Miller Lite Tap the FutureTM business plan competition and compete for a portion of the $400,000 prize pool. Teams of entrepreneurs 21 and older can submit their application through www.MLTaptheFuture.com. Competitors that advance in the competition will have a chance to pitch and receive advice from some of the sharpest business minds in the country, including Daymond John, also known as "The Shark" from ABC's "Shark Tank," and other inspirational entrepreneurs.
"Many of today's greatest companies were started by a group of friends with a good idea, which is what Miller Time is all about: great times with good friends," said Steve Canal, MillerCoors manager of community commerce and partnerships. "Miller Lite Tap the Future will provide the tools and funds to help bring those ideas to life. It's an exciting program that celebrates great friends coming together to create great businesses."
Business partners will compete in a three-phased contest:
1. Teams of entrepreneurs can submit their business information through www.MLTaptheFuture.com until August 1st.
2. Twenty-five semifinalists will be selected to compete in live pitch events in Atlanta, Chicago, Dallas, Philadelphia and Phoenix. John and a panel of expert judges will select one business in each city to win $20,000 and advance to the national finals.
3. The top five winners from each market will present before a national panel of judges as Miller Lite Tap the Future finalists. One team will win the grand prize: a $250,000 business development grant.
Additionally, consumers can vote online for their favorite semifinalist team. The five teams with the most fan votes will be awarded $10,000 each.
Sitting alongside "The Shark" will be other inspirational entrepreneurs who all started successful businesses with close friends. The group of inspirational judges includes Aaron Firestein and Raaja Nemani, co-founders of BucketFeet which produces shoes designed by artists from around the world; Lance Rios, founder of Hispanic communication platform Being Latino; Roberto Torres, Luis Montanez and Chris Findeisen, creators of made-in-America apparel brand Black & Denim; Sulaiman Sanni and Ben Lamson, creators of the crowd-funding website WeDidIt; and Marve Frazier, CEO of premier destination website for African American popular culture and entertainment Bossip.com and Chief Creative Officer of Moguldom Media Group.
Miller Lite has also aligned with community partners that focus on entrepreneurship and technical resources, including the United States Hispanic Chamber of Commerce, Milwaukee Urban League, Chicago Urban League, Urban League of Greater Dallas and North Central Texas, the Florida State Hispanic Chamber of Commerce and the National Association for Asian American Professionals.
For official rules and information, visit www.MLTaptheFuture.com, Facebook.com/MillerLite or follow @MillerLite on Twitter. Full article at DallasWeekly.com


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The tech and business world are buzzing this morning with the expectation that Facebook, the world's largest social network, will take the first step toward going public today.
There are differing reports on how much money Facebook wants to rasie during its initial public offering. Reuters is reporting $5 billion, while the AP is reporting $10 billion.
At $10 billion, the AP reports, the company would be valued at $75 billion to $100 billion. The AP reports:
"The highly anticipated documents Facebook files with the Securities and Exchange Commission will reveal how much it intends to raise from the stock market, what it plans to do with the money and details on the company's financial performance and future growth prospects.
"A stock usually starts trading three to four months after the filing.
"Around the nation, regular investors and IPO watchers are anticipating some kind of twist — perhaps a provision for the 800 million users of Facebook, a company that promotes itself as all about personal connections, to get in on the action."
NPR's Steve Henn talked to Sam Hamadeh, who follows the tech industry at PrivCo. Hamadeh told him a $100 billion valuation would make Facebook one of the largest and most valuable companies in the U.S.
Steve tells our Newscast unit that "Hamedeh says Facebook would have to grow like a weed for years to justify this stock price. Other analysts agree. They say investors who buy shares are betting that Facebook will more than quadruple in size."
Steve also spoke to Debra Aho Williamson, an analyst at eMarketer, who said that Facebook's revenue more doubled from 2010 to 2011. It went from about $2 billion to more than $4.2 billion.
Forbes' Steve Schaefer reports that the Facebook IPO will probably be the biggest tech offering and one of the biggest on the market as a whole. Schaefer says that offering bodes well for the market as a whole, because it means Facebook is confident that the market can handle an offering of that size.
Copyright 2021 NPR. To see more, visit https://www.npr.org.


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Selden Roller Bearing Blocks 60mm
Low resistance at high, dynamic loads is the main characteristic of Seldén Roller Bearing Blocks (RBB). The ability to easily release a highly loaded backstay tackle, a main sheet, a spinnaker halyard or a kicker tackle makes for fast, safe and uncomplicated manoeuvres.
Designed for high load, dynamic applications. Machined, black anodised aluminium cheeks and Torlon® roller bearings. PA washer insulates stainless from aluminium to prevent corrosion. The shackle features a Ø 6 mm body and Ø 8 mm pin, a strong and lightweight combination. The swivel pin is hollow and chamfered to reduce weight. Acetal ball bearing stabilize the sheave when subjected to side loads.
PriceFrom £234.03


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Next Episode of Mike and Angelo is
not planed. TV Show was canceled.
Mike and Angelo was a long running children's comedy serial which aired on ITV in the United Kingdom. Rita King and her son Mike, move to England after Rita gets divorced in the United States. Looking around their new house Mike discovers Angelo who is from another dimension. Angelo was forced to leave his planet when it was about to blow up. Angelo decides to stay with Rita and Mike and is always causing trouble.
The main characters were recast thoughout the series.
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